Providing fair elections is ECP’s constitutional duty: SC

On Tuesday, the Supreme Court of Pakistan cross-questioned the chief election commissioner, telling him categorically that it is the Election Commission of Pakistan’s (ECP) constitutional duty to ensure transparent Senate polls are held. 

A five-member bench presided over by Chief Justice Gulzar Ahmed was hearing a case pertaining to a presidential reference regarding holding Senate elections through an open ballot. 

The chief election commissioner and other heads of authorities were present in the courtroom for the hearing. 

“The election commissioner should tell us how he plans to stop corrupt practices in the Senate elections,” asked the chief justice. 

Justice Ijaz ul Ahsan observed that the Election Act does not mention corrupt practices specifically. “The word ‘guard’ has been used for political interference before and after elections, as well as corrupt practices,” noted the judge. 

Justice Ahsan said that guarding against corrupt practices in this context would mean that precautionary measures ought to be taken before the elections so that they are held in a transparent manner. 

“Money and political interference are used in elections,” noted Justice Ahsan. “The election commission should tell us how it plans on stopping such practices.”

The chief election commissioner responded by saying that the ECP does all it can under its jurisdiction to ensure that corrupt practices are thwarted. “Action is taken before and after elections, on grievances and complaints,” said the election commissioner. 

“Chief election commissioner sahab, you aren’t understanding the depth of the problem,” Justice Gulzar responded. “The ECP is not an ordinary government department, it has a mandate,” urged the chief justice. 

The chief election commissioner’s counsel present inside the courtroom tried to speak but the bench cut him off. “We have summoned the chief election commissioner. Please keep quiet,” the bench told the lawyer. 

Explaining the measures taken by the ECP to curb corrupt practices, the chief election commissioner said that the commission had introduced a law for candidates directing them to open a bank account with a limit of Rs1.5mn for election-related expenses.

He explained that Senate elections are held via secret balloting as per Article 226. 

“What is a secret ballot?” Justice Ahsan asked the election commissioner. 

“A secret ballot is one which cannot be identified,” he responded. 

The chief election commissioner responded to the criticism saying that the ECP’s monitoring and finance wing has been strengthened. The bench, however, did not seem pleased at the response. 

“These are the job responsibilities of officers,” said the chief justice. “What are you doing?” 

“Chief election commissioner sahab, you are not informing us with a scheme to stop corrupt practices.”

The election commissioner repeated that the votes that are polled in the National Assembly cannot be identified.

Justice Yahya Afridi then asked the chief election commissioner whether the steps taken by the ECP are enough and whether they will stop corrupt practices from taking place.